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My Mother-In-Law just moved into an assisted living appartment and signed a lease with a no firearms allowed clause. As most of us know, Section 2923.125 of the Revised Code states the following:
(b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008, enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
(c) As used in division (C)(3) of this section:
(i) "Residential premises" has the same meaning as in section 5321.01 of the Revised Code, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university.
So, are the 2A rights of assisted living facility occupants protected under the ORC, or do residence facilities fall under the exception listed in Secition 5321.01 the Revised Code as referenced below?
(C) "Residential premises" means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. "Residential premises" includes a dwelling unit that is owned or operated by a college or university. "Residential premises" does not include any of the following:
...
(2) Hospitals and similar institutions with the primary purpose of providing medical services, and homes licensed pursuant to Chapter 3721. of the Revised Code;
In Ohio, ALF's that do not provide skilled nursing but house 17 or more residents are licensed as a Residential Care Facility as defined by R.C. 3721. As such, the exception you note would apply and the firearms prohibition would seem valid.
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sodbuster95 wrote:In Ohio, ALF's that do not provide skilled nursing but house 17 or more residents are licensed as a Residential Care Facility as defined by R.C. 3721. As such, the exception you note would apply and the firearms prohibition would seem valid.
Thanks sodbuster95. I was afraid that might be the case.